Senate Bill sb0340
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 340
By Senator Wilson
33-35-07
1 A bill to be entitled
2 An act relating to voting systems; amending s.
3 20.10, F.S., relating to the organizational
4 structure of the Department of State;
5 specifying that the Bureau of Voting Systems
6 Certification and the Bureau of Voting Systems
7 Security are located within the Division of
8 Elections; creating s. 101.018, F.S.; creating
9 the Bureau of Voting Systems Security for the
10 purpose of ensuring the security of voting
11 systems used in the state; specifying the
12 duties of the bureau; requiring that the bureau
13 provide a monthly report to the director of the
14 Division of Elections and the Secretary of
15 State; requiring that any identified security
16 problem be remedied within a specified period;
17 providing that a manufacturer that fails to
18 remedy a security problem is subject to a fine
19 for each day of such failure; authorizing the
20 division to adopt emergency rules following the
21 failure of a manufacturer to remedy a
22 medium-level or high-level security problem
23 which occurs proximate to a primary or general
24 election; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (2) of section 20.10, Florida
29 Statutes, is amended to read:
30 20.10 Department of State.--There is created a
31 Department of State.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 340
33-35-07
1 (2) The following divisions of the Department of State
2 are established:
3 (a) Division of Elections.
4 1. Bureau of Voting Systems Certification.
5 2. Bureau of Voting Systems Security.
6 (b) Division of Historical Resources.
7 (c) Division of Corporations.
8 (d) Division of Library and Information Services.
9 (e) Division of Cultural Affairs.
10 (f) Division of Administration.
11 Section 2. Section 101.018, Florida Statutes, is
12 created to read:
13 101.018 Bureau of Voting Systems Security.--
14 (1) There is created a Bureau of Voting Systems
15 Security within the Division of Elections of the Department of
16 State which shall be responsible for ensuring the security of
17 the voting systems that are certified for use in this state.
18 (2) The bureau shall:
19 (a) Continuously test the hardware and software of the
20 voting systems for the purpose of identifying security
21 problems.
22 (b) Test any voting system in response to a credible
23 published report of security problems.
24 (c) Notify the manufacturer of the voting system if a
25 security problem is identified.
26 (d) Work with the manufacturer of the voting system to
27 develop a remedy for the identified security problem.
28 (3) The bureau shall provide a monthly written report
29 to the director of the Division of Elections and the Secretary
30 of State for each certified voting system which must, at a
31 minimum:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 340
33-35-07
1 (a) Identify each security problem;
2 (b) Identify the source of any potential security
3 breach resulting from the problem as "external," such as a
4 security breach involving voters, or "internal," such as a
5 security breach involving employees of the supervisor of
6 elections, poll workers, or manufacturer's field
7 representatives;
8 (c) Detail the scenarios in which the potential threat
9 could be realized;
10 (d) Discuss the likelihood of success for each of the
11 scenarios;
12 (e) Identify the scope of the potential threat,
13 detailing factors such as the number of machines that might be
14 impacted, the number of votes that could be affected in a
15 statewide election, and the number of counties that could be
16 affected; and
17 (f) Based on paragraphs (a)-(e) and any other relevant
18 factors, classify the security threat posed by the problem as
19 "high," "medium," or "low."
20 (4)(a) A security problem that is identified in the
21 bureau's report must be remedied within 60 days after the
22 manufacturer receives notice of the problem or 14 days before
23 the next regularly scheduled primary or general election,
24 whichever occurs first. A problem shall be considered remedied
25 when the bureau so certifies in writing to the division
26 director and, in the case of a high threat, to the Secretary
27 of State.
28 (b) Any manufacturer who fails to remedy a security
29 problem shall be fined $25,000 per day for each day following
30 the period specified in paragraph (a). In addition, if the
31 failure to remedy a medium-level or high-level security
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 340
33-35-07
1 problem is proximate to a scheduled primary or general
2 election, the division shall adopt emergency rules to protect
3 the integrity of the voting process.
4 Section 3. This act shall take effect July 1, 2007.
5
6 *****************************************
7 SENATE SUMMARY
8 Establishes the Bureau of Voting Systems Security within
the Division of Elections. Provides duties of the bureau
9 and requires that it make certain reports to the Division
of Elections and the Secretary of State. Provides that a
10 penalty be imposed if the manufacturer of a voting system
fails to remedy a problem within a specified time.
11 Authorizes the division to adopt emergency rules.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.